( 1 ) THIS appeal is directed against the judgment, dated 4-3-1996 rendered in SCNo. 112 of 1995 on the of the learned Sessions Judge, Vizianagaram convicting the accused-appellant for an offence punishable U/s 304, Part-11 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs. 1000. 00 and in default to undergo simple imprisonment for a period of six months.

( 2 ) THE facts relating to this appeal may briefly be stated as follows:the deceased, Thothadi Bangarayya, is the brother of the accused. They purchased the land to be used as threshing floor in the Gollupalam village from Thothadi Narinaidu, PW5. As there were some disputes in respect of the land, it was partitioned with the help of the elders Gollu Appalanaidu, PW6 and Thothadi Krishna, PW7 and the land came to be in their seperate possession as per their respective shares. They used to keep the manure in seperate heaps on their respective shares. On 17-4-1995 in the early hours Thoihadi Ywrinaidu, PW1, the son of the deceased, went to their manure liecp and loaded the manure in a bullock cart and took it to their field and dumped the manu